The new law marks a significant shift in Japanese family law, ending a long-standing practice where one parent, typically the mother, was granted sole custody after divorce. This change comes after the amendment was approved by parliament in 2024, making Japan the last G7 country to recognize the legal concept of joint custody. Under the previous system. If divorced couples went to court over custody, it was typically awarded to one parent, leaving the other with limited or no access to their children.

Background and Legal Changes

Japan’s previous custody laws were criticized both domestically and internationally for creating situations where one parent, usually the mother, would be left without legal recourse if the other parent cut off contact. The new law allows family courts to decide whether to grant sole or joint custody to divorcing couples, with the aim of ensuring children have continued relationships with both parents. Additionally, the Civil Code revision mandates that child support payments be made after divorce, allowing the parent living with the child to claim 20,000 yen (£95; $125) from their ex-spouse every month.

Parents who divorced under the old system are also now eligible to have their custody arrangement reviewed by the family court. This change is expected to help prevent cases of parental abduction, which have become more visible in recent years, especially involving foreign nationals with Japanese ex-spouses. In 2023. Japanese table tennis star Ai Fukuhara was accused by her Taiwanese ex-husband of abducting their son — he claimed she had cut off contact with him and refused to bring their son back to Taiwan. The pair later reached a settlement.

Impact on Families and Legal System

The shift to joint custody is seen by some as a way to prevent such controversies, but not everyone supports the change. Some previously told the BBC that they feared joint custody would force women to maintain ties with husbands even in cases of domestic violence. Under the new law. The court will grant sole custody to divorcing couples if it finds instances of domestic violence or abuse.

During the Tokyo Olympics in 2021. A French father who was based in Japan staged a hunger strike, calling attention to what he said was the kidnapping of his children by his ex-wife. These incidents have fueled international criticism of Japan’s previous custody laws, which critics say led many divorcees to become estranged from their children after losing custody.

In the past. Divorcing couples in Japan were free to decide custody and visitation arrangements; However, if they went to court, custody was typically awarded to one parent. The new law aims to provide a more balanced approach by allowing courts to consider the best interests of the child while also protecting vulnerable parents from abuse or coercion.

Some advocates argue that the change is a step in the right direction, allowing children to maintain relationships with both parents and reducing the emotional and psychological impact of divorce. However, others remain concerned about the potential risks, particularly for women in abusive relationships who may be forced to maintain contact with their ex-partners.

What’s Next and Implications

The law is expected to take time to fully implement, as courts and legal professionals adjust to the new framework; Legal experts say that the change could lead to a rise in custody disputes as more couples seek joint custody arrangements. It also raises questions about how courts will handle complex cases, particularly those involving domestic violence, international custody disputes, and cultural differences in family structures.

There is also uncertainty about how the law will affect the broader social landscape in Japan, where traditional family structures have long been the norm. Some analysts suggest that the change could encourage more open discussions about family dynamics and the role of both parents in raising children.

As the new law takes effect, it remains to be seen how it will impact the lives of divorced couples in Japan. For now, the focus is on ensuring that the legal system can handle the increased demand for custody reviews and that the rights of both parents and children are protected under the new framework.

Parents who are handling divorce now have more options than ever before, but the process remains complex and emotionally challenging. The law is a significant step forward, but it is only one part of a broader conversation about family law and the rights of children in Japan.